Simultaneous Death

The simultaneous death rule applies when two people die at the same time, and it's unclear who died first. In such cases, the law treats each person as having died before the other, which affects how their property is distributed. Additionally, for intestate heirs, they must survive the decedent by at least 120 hours to inherit.

Alice and Bob die in a car accident, and it's impossible to determine who died first. Because there is no clear evidence of survival, the law treats both as having predeceased each other. As a result, neither can inherit from the other, and their respective estates will pass to their other heirs.

When in doubt, treat them both as gone; survival by 120 hours is the key to inheritance.

Exams may present scenarios where the timing of deaths is ambiguous, leading students to incorrectly assume one party survived based on circumstantial evidence. Watch for language that suggests uncertainty about the order of death.

Questions often involve a fact pattern where two parties die simultaneously, with a focus on their heirs and the distribution of their estates. Look for details that might suggest a survivor, but remember the simultaneous death rule applies without clear evidence.